1. Introduction

Welcome to FoundMissing.ca, a body corporate doing business in Ontario, Canada. This document constitutes a legally-binding agreement (“Agreement”) governing the terms of providing you with our service. Throughout this document, the words “FoundMissing,” “FoundMissing,” “us,” “we,” and “our,” refer to us, our website, FoundMissing.ca, or our service, FoundMissing, as is appropriate in the context of the use of the words. Likewise, the words “you” and “your” refer to you, the person who is being presented with this document for your agreement.

By registering for our website as a member, you are agreeing to receive regular newsletters and marketing related emails from FoundMissing. Should you wish to be removed from our email list, you can unsubscribe or terminate your account any time.

2. Description of Service

FoundMissing solves the search/hunting problem by working closely with selected brands on providing the newest detailed product information that is specifically catered to their preferences. FoundMissing exists to fill the void on allowing viewers to express their opinions on select shoes and provide an ease of access to purchasing the end product.

3. Information Supplied

When using our website and reviewing footwear, you will provide your name, e-mail address,city of origin, date of birth, shoe size, gender.

In addition to providing us with the above information about yourself, you must be eighteen years of age or older, or, if a higher minimum age of contractual capacity exists in your jurisdiction, you must be at least that age. Additionally, you represent to us that you are not otherwise considered to be under a disability to enter into a contract with us, whether it be because of an embargo in or against your jurisdiction or any other reason.

4. Image Terms of Use

Editors typically include images as part of their blog posts and the images that they are authorized to use is the following:

Images that are licensed from vendors
Images that are supplied to our editors or released into the public domain by public relations and marketing companies for press or other purposes
Images that are supplied by readers, with the implied representation that the person submitting the image owns the copyright in the image and the right to give it to us for use on our site
Images that are published on Photobucket or other public photos sites with licenses granted under Creative Commons, with attribution in accordance with the CC license granted in each case
Images that are commissioned by FoundMissing
Images that we believe to be covered by the Fair Use Doctrine, such as:
Thumbnail images of 150 x 150 pixels or less, cropped or reduced in size from the original source
Images that are used to illustrate a newsworthy story, where the image itself tells a story
Images used in a transformative manner, such as parody
Images that are widely distributed that they have become part of the news
If FoundMissing receives any notice that an image is posted up inappropriately such as not keeping with the terms listed above, we reserve the right to remove that image.

If you think we have published an image or text that violates your copyright, we will address your concerns; however, if the image falls into one of the listed categories above and we believe that our use of the image is legitimate, we will not remove it from the site.

5. Payment

You may pay for our services using Paypal. When providing credit card information, the credit card must be your own. If the credit card does not belong to you, you must have permission from the accountholder to use their card for your transactions.

We do not accept personal checks, money orders or direct bank transfers. Please note, items will not be shipped until the transaction has been cleared.

Any use of fraudulent chargebacks simply to get free merchandise is not only strictly prohibited, but also criminal fraud, and will be dealt with by reporting such chargebacks to your local police department and a credit bureau, as well as referring the matter to a court of competent jurisdiction.

6. Price Changes & Stock Availability

Prices are subject to change without prior notice.

While we endeavor to provide you with the most accurate and up-to-date information, occasionally ordered items may not be available as listed.

In the case that part of your order is unavailable or out of stock, the item(s) will be cancelled from the order with notification and where applicable, a refund shall be applied for the cost of the regarding item(s).

FoundMissing ensures that all our product descriptions and prices are up-to-date and as accurate as possible. However, in few cases, pricing errors may occur with our listings. Should we discover a pricing error while processing your order and payment, we will immediately rectify the problem before cancelling and refunding you for your order. We will also make sure to inform you about the error with your order as soon as possible.

7. Promotional & Store Credit Codes

Where a promotional code is required for an offer or discounted price, the code should be entered during the checkout process.

Customers should take care when entering codes, checking that the offer/credit has been applied. Should you find that the code is unapplicable or invalid, please refer to the specific conditions for the code as the promotion may have already expired. Should you have difficulty in applying store credit to your order, please contact us via e-mail at info@hypebeast.com, Monday to Friday, 10:00am to 6:00pm (Toronto time) for assistance.

8. Discounts, Sales & Promotions

From time to time, FoundMissing may offer discounts and/or promotions. Discount, sales and/or promotional offers and prices are only applicable when checking out whilst the offer is still valid. Time restrictions will be stated where applicable. FoundMissing reserves the right to amend, extend or terminate these offers at an earlier date without prior notice. For those who purchased over 24 hours before the sale, price adjustments will not be made. For those who purchased within 24 hours, we can refund the discount being offered at the time.

9. Rules of Conduct

We host a review section as well as blogs that we may permit you to comment on. As a part of using our website, you must not:

Post anything that violates any applicable law, foreign or domestic.
Post anything defamatory, violent, pornographic, hateful, racist, or otherwise objectionable. We have the sole right to determine what is objectionable.
Hack, crack, phish, SQL inject, or otherwise threaten or actually harm the security of our systems or those of our users.
Infringe on the intellectual property rights of anyone.
Do anything that infringes on the rights of us or a third party.
Create more than one account, use another person’s account, or allow another person to use your account.
Engage in unsolicited marketing activities, whether commercial or non-commercial, on our forum or through its private messaging service, or on our blog comments section, or anywhere else on our website.
Advertise on our website without our permission.
Impersonate another person or organization.
Post any links to content which would, if posted on our own website, violate these Rules of Conduct.
We reserve the right to terminate our service to you for reasons other than those listed here. We may terminate your account without explanation.

10. Communications Decency Act

As we are located in Toronto, we have certain defenses available to us for liability for defamation posted on our website by third parties, such as in our forums or on our blog.

Our Rules of Conduct prohibit defamation from being published on our website. In order to complain about defamatory material on our website, please notify us with full details of where the defamation is located on our website (provide us with the URL), your name, and an explanation of how the material is defamatory. We will respond within a reasonable time and, if it appears that there are grounds to believe the material is defamatory, we will remove it. You may send your request to info@foundmissing.ca.

11. Contest Disclaimer

The maximum number of entries per person allowed during the contest period is as the contest has specified. Any attempt by a person to submit more than the stated maximum number of entries will be disqualified from participation in this contest. FoundMissing are not responsible for lost, late, incomplete, invalid, unintelligible, illegible, misdirected or postage-due entries, which will be disqualified. By participating, all entrants agree to abide by these official contest rules.

In consideration for your participation in the contest, the individual, group, organization, business, spectator, or other, does hereby release and forever discharge the FoundMissing, and its officers, board and employees, jointly and severally from any and all actions, cause of actions, claim and demands for, upon or by reason of any damage, loss or injury including death, which hereafter may be sustained by participating in the contest.

This release extends and applies to, and also covers and includes, all unknown, unforeseen, unanticipated and unsuspected injuries, damages, loss and liability and the consequences thereof including death, as well as those now disclosed and know to exist. The provision of any state, federal, local or territorial law or state providing substance that releases shall not extend to claims, demands, injuries, or damages which are know or unsuspected to exist at this time, to the person executing such release, are hereby expressly waived.

It is further understood and agreed that said participation in the contest not to be construed as an admission of any liability and acceptance of assumption of responsibility by FoundMissing, its officers, board and employees, jointly and severally, for all damages and expenses for which the FoundMissing , its officers, board and employees, become liable as a result of any alleged act of the parade participant.

The prize is non-transferable and cannot be exchanged for cash.

FoundMissing reserves the right to offer alternative prize if any prize is not available or under special situation.

12. Disclaimer

We do not actively screen blog comments and forum posts before they are uploaded to our website by third parties. As a part of your acceptance of this Agreement, you release us from any liability for the actions of third parties on our website, whether or not we would otherwise normally be held liable for such words under the laws of Ontario or any other jurisdiction.

13. Copyright

You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on our website, or our website itself, without our prior written permission. This includes, but is not limited to, a prohibition on aggregating product information reviews and forum content made available on our website.

14. Trademarks

“FoundMissing” is a trademark used by us, FoundMissing, to uniquely identify our website, business, and service. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph.

15. Revocation of Consent

Where FoundMissing has given prior written consent for your use of our protected material in accordance with our above “Copyright” and “Trademarks” provisions, we may revoke that consent at any time. If we so request, we may require that you immediately take action to remove from circulation, display, publication, or other dissemination, any of the marks, copyrighted content, or other materials that we previously consented for you to use.

16. Notification of Changes

Whenever FoundMissing changes its Terms of Use, changes will be posted to ensure users are aware of the new changes.

17. Contact Information

If you have any questions, concerns or notices of violations to these terms and conditions, please contact the editor of FoundMissing by sending an email to info@foundmissing.ca